Published 2007

State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: There was an insufficiently established “nexus” between the contraband found in a package and its return address to support a search warrant for that address: ¶31 What Hennen does not describe in his affidavit is critical to our analysis. He never tells the reader that… Read more

State v. Dennis M. Gralinski, 2007 WI App 233 For Gralinski: Martin Kohler; Craig Powell, PFR filed 10/5/07 Issue/Holding: ¶26      Gralinski next contends that the warrant was invalid because it was based on stale information such that no inference could be drawn that the items sought in the warrant would be located in his home two… Read more

State v. David L. Vanness, 2007 WI App 195 For Vanness: Chad Lanning Issue/Holding: Right to public trial under the 6th amendment was violated when the courthouse was locked (though the courtroom doors themselves remained open) during the defense case and State’s rebuttal: ¶8 The right to a public trial is a basic tenet of our… Read more

State v. Henry E. Routon, 2007 WI App 178, PFR filed 7/23/07 For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶18   Wisconsin Stat. § 939.31 sets forth the elements of the crime of conspiracy applicable under Wis. Stat. § 961.41(1x).[8] Section 939.31 provides: …. whoever, with intent that a crime be committed, agrees or combines with another for the… Read more

State v. Henry E. Routon, 2007 WI App 178, PFR filed 7/23/07 For Routon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶36   Routon, as noted above, argues that the single sale to Agent Smith is, as a matter of law, insufficient evidence of an agreement. However, in the cases on which he relies, there was no evidence… Read more

State v. Lamont D. Powell, 2007 WI App 127 For Powell: Nicholas C. Zales Issue/Holding: ¶3        The sixty-day limit in Wis. Stat. § 961.555(2)(b) is mandatory and a forfeiture petition must be dismissed unless the requisite hearing is held within the sixty-day period because a person may not be deprived of his or her property “for… Read more

State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07 For Bons: Vladimir M. Gorokhovsky Issue: Whether a concededly proper traffic stop (for speeding) was extended without sufficient cause when the officer, after issuing the ticket and returning the license, asked to search the car. Holding: ¶15  We conclude that Ramstack could have formed a… Read more